16

ARTICLE X

HEALTH AND WELFARE

Section 1. The Union will lend its support to the Employer in

encouraging participation in programs and activities of benefit to
employees in the bargaining unit, such as the Blood Bank Program.


37

constitute withdrawal and termination of the grievance.

Section 3 Nothing in this CBA shall be so interpreted as to require
the Union to represent an employee in processing a grievance, or to
continue to represent him, if the Union considers the grievance to be

invalid or without merit.

Section 14. The Employer and the Union shall assure that all
participants in grievances shall have freedom from restraint,
interference, coercion, discrimination or reprisal.

Section 15. Use of Alternate Dispute Resolution (ADR) procedures.
The Employer and the Union, by mutual agreement may use
mediation or other ADR procedures between or in lieu of steps in the
grievance procedure, as shown in Section 6 of this article.


33

ARTICLE XxXI
GRIEVANCE PROCEDURE

Section 1. This Article provides an orderly procedure for processing
grievances. A “grievance” means any complaint:

a. by any bargaining unit employee concerning any matter
relating to the employment of the employee;

b. by the Union concerning any matter relating to the
employment of any bargaining unit employee;

c. by any bargaining unit employee, the Union or the Employer
concerning the effect or interpretation, or a claim of breach of the CBA;
misinterpretation, or misapplication of any law, rule, or regulation
affecting conditions of employment.

Section 2. This procedure is the sole and exclusive procedure that will
be used by the parties to this CBA and bargaining unit employees in
processing grievances which fall within its coverage, including questions
of grievability, unless the employee chooses a statutory procedure, as
provided for in Section 10 of this article.

Section 3. The grievance procedure shall not apply to any grievance
concerning:

a. Any claimed violation relating to prohibited political activities;

b. Retirement, life insurance, or health insurance;

c. A suspension or removal for national security reasons;

d. Any examination, certification, or appointment;

e. The classification of any position which does not result in the
reduction in grade or pay of an employee;

f. Termination of pay retention;

g. Non-adaptation of a suggestion, performance award or other
kind of honorary or discretionary award;

h. Performance warnings and notices of proposed actions;

i. Interpretation and application of Occupational Safety and
Health Administration Standards appealable through 29 CFR Part 1960;

j. Decision of another activity;

k. Actions where the head of the activity does not have the
authority to grant the corrective action desired; or

|. Separation for failure to satisfactorily complete a probationary
period as covered in 5 CFR 315;

m. Discharge of temporaries;

n. Separation within the first year of an employee on a Veteran’s
Reruitment Appointment;

0. An allegation or complaint of discrimination reviewable under


42

ARTICLE XXV

GENERAL PROVISIONS

Section 1. The Employer will furnish a copy of the CBA to all bargaining
unit employees, including newly hired employees. The Employer will
inform newly hired bargaining unit employees during orientation of the
union’s status as the exclusive representative of all bargaining unit
employees.

Section 2. Neither the Union nor the Employer will file an unfair labor
practice charge against the other without first attempting to resolve the
matter informally with the other party.

Section 3. The Employer will permit recognized labor organization
notices, bulletins and other literature to be distributed or posted in
designated areas. Literature posted or distributed within an activity
must not violate any law, this CBA, the security of the activity or contain
scurrilous or libelous material. Violation of standards concerning
content and distribution of literature will be grounds for revocation of this
privilege.

Section 4. The Employer will detail employees in accordance with
applicable regulations. Where more than one employee might
reasonably be selected for a detail, the Employer will select as the
Employer sees fit, except that such details sill not be used to give on
employee an unfair advantage over other similarly situated employees
for promotion consideration. :

Section 5. The Employer will reassign qualified employees to vacant
positions in accordance with the needs of the activity, giving first
consideration to employees who have already made known their
interest in being reassigned to the vacancy in question. The employer
will not reassign in an arbitrary or capricious manner. Where two or
more qualified employees request reassignment, the Employer may
consider the employee's qualifications, organizational assignment,
position, dependability, knowledge of the work involved, and if
applicable, medical condition. Where the above factors are roughly
equal, the most senior employee in the organizational code may be
reassigned. Where there are no volunteers, the Employer will reassign
as the Employer sees fit.

Section 6. Upon request, the Employer agrees to furnish the Union a
list of employees in the bargaining unit. The list shall contain the name,
titlé, series, and grade of employees. The frequency of providing lists


ARTICLE VI
UNION REPRESENTATION

Section 1. The Union will supply the Employer, as changes occur, a
complete list of all Union officials/representatives and bargaining unit

stewards.

Section 2. The employer agrees to recognize those stewards duly
designated by the Union. The number of stewards shail not exceed two
(2). The Union may designate an alternate steward where necessary in
the event any regular steward is temporarily unable to serve his area
due to illness, vacation, temporary promotion, detail assignment, or
government travel. The Employer and the Union recognize that the
need for a change in the number of stewards may develop and agree to
consider proposals for such changes together with the reasons
supporting the proposals

Section 3. Stewards and other employees shall first obtain permission
from the appropriate supervisor when necessary to leave their jobs for
the purpose of participating in any meeting or discussion connected with
labor-management relations and shail report back to their supervisor at
the time they return to the job. If the employee’s supervisor is not
available, he shall request permission from his next higher-echelon
supervisor to leave the job. It is understood that in responding to the
steward’s request, the supervisor has the right to be informed where the
steward wants to go, the general nature of the cause for the request,
the expected duration of the absence, and other related matters. A
steward desiring to discuss a work related matter with an employee
shall also obtain permission from the employee’s supervisor before
contacting the employee. Contacts between employees and stewards
will normally take place in the immediate vicinity of the employee’s work
area.

Section 4 The Employer will authorize reasonable official time during
work hours without loss of pay or benefits to permit stewards to carry
out their representational functions. Reasonable official time will be
granted for the following:

a. To consult and/or meet can confer with supervisors or
other management officials.
b. To be the representative of employees in presentation

of grievances. Stewards will assiduously guard
against the excessive use of time off the job for these
activities. Time off from work granted to stewards
shall not be used for: discussion of any matters




20

approved may be rescheduled if it does not impact scheduled workload
needs.


38

ARTICLE XXII

ARBITRATION

Section 1. Arbitration may be invoked only by the Union or the
Employer and shall extend only to matters which may be processed
under Article XX1, Grievance Procedure. The arbitrator's award shall be
binding on the parties except that the Union or the Employer may file
exceptions to the arbitrator's award in the manner prescribed by law.

Section 2. Within ten (10) calendar days from the date either party
receives written notification that the other party has invoked arbitration,
representatives of the parties shall meet to select an arbitrator. If the
parties cannot agree on an arbitrator, they shall refer to the list of
arbitrators for the geographical area provided by the Federal Mediation
and Conciliation Service (FMCS). Upon receipt of a list of arbitrators
from the FMCS, the parties shall within ten (10) calendar days and
strike names from that list until only one arbitrator's name remains. The
name remaining on the list will be the duly selected arbitrator.

Section 3. Within ten (10) calendar days, following selection and receipt
of acceptance from the arbitrator, the parties will prepare a joint letter
submitting the matter in dispute. This letter shall present, in question
form, the matter on which arbitration is sought; it shall also outline the
rules governing arbitration and the fees and expenses which will be
paid. It may contain mutually agreed upon stipulations of fact, and it
may be accompanied by any documents the parties mutually agree
should be submitted to the arbitrator in advance of the hearing but
which may not necessarily be stipulations of fact. Should the parties not
agree on the issue(s) to be presented, each party will submit its version
of the issue(s) with the joint submission. Post-hearing briefs may be
submitted provided that both parties agree or the arbitrator requests
them.

Section 4.’ The arbitration hearing shall normally be held during the
regular day shift working hours. The Union and the Employer may
request a reasonable number of witnesses who have direct knowledge
of the facts concerning the case. Any bargaining unit employee in a
duty status whose presence is required in connection with the hearing
will be in a pay status without charge to annual leave while participating
in the arbitration proceedings. An employee on suspension,
unauthorized absence, furlough or leave without pay will not be in a pay
status while attending the arbitration hearing.

Section 5. In considering any case submitted under the provisions of
this CBA, the arbitrator shall be instructed to limit his proceedings to the
specific issue jointly submitted by the parties and to the evaluation of


Article

vi
Vil
vill

XI
XII
Xill
XIV
XV
XVI

TABLE OF CONTENTS

Title

PreaAMble.... 0... ccccccese es ceecserssceeeeceeseccesceeeeeseranesersteeerecenees 3
Witnesseth..........cccccccescceseeseseeecesseeseeseeeecneeeeeeseeeeeeteeseeatereeeaee 3

Exclusive Recognition and Coverage of Agreement............ccccceeceeees 4

Duty to Bargain and Scope...........eccccceece cess seeenteenereeresnerenees 5

Rights of the Employer

Rights of the Employe@es..........ccccecccceceeeceeeseeneeeeueeeesseaeeenaaas 7-8

Rights of the Union ........ cc cecceeeesesentncneteeeceeeessseneeeeeesseeeaaaeees 9
Union Representation.......0....::ccsccccseceecseeeeeesseeeeeeteeeeseneeeenes 10-11

Hours of Work...

OVEMIMC. ec cecceceetececerentceeectsaateceeceeeeessseeeauaeeeenseseeetaateeege 14
Le) 0: \\ ce 15
Health and Welfare..........ccccccesccesseeeresenseeeesseseeeseeeeeteeeenieeeees 16

Sick Leave...

Civic Responsibilities. ....... 0... eee eceeeeeeeeeeseneeseeeeeeeeeeeneesaeesenees 24
PFOMOTION........ceeeeeeeseeteeeesseeeeeeceeeeeeseeceeecseseeseaecateseseeeeases 25-26
Reduction in Force... ccecseeeeeceeesectactnctteeeeeecsseneeaeesneaees 27-28


31

ARTICLE XIX
DISCIPLINARY ACTION

Section 1. a disciplinary action for purposes of this article is defined as
a written reprimand or a suspension of fourteen (14) calendar days or
less. Prior to initiating disciplinary action against an employee, the
immediate supervisor or other responsible official shall make a
preliminary investigation or inquiry, as is necessary, to determine the
facts in the case. Such investigation shall normally include a discussion
with the employee, except where unusual circumstances, e.g. official
government travel, illness, etc., make such discussion impractical, or
where it can reasonably be concluded that such discussion would
develop no additional useful information. If the employee so requests,
he may be represented in this discussion by the appropriate steward.

Section 2. Disciplinary action against an employee shall be initiated
within a reasonable time after the offense has been committed or made

known to the Employer.

Section 3. If disciplinary action is taken against a unit employee, the
Employer will furnish the employee with one (1) copy of the proposal
and decision letters. In addition, an employee will, upon request, be
furnished a copy of all written documents in the case file relied on by the
Employer which form the basis for any disciplinary action.

Section 4. Disciplinary actions shall be taken only for just cause and
the employee will be notified of his rights to grieve or appeal and of the
appropriate procedures available for pursuing such actions. In deciding
what action may be appropriate, the Employer will give due
consideration to the relevance of any mitigating, unusual or aggravating
circumstances.

Section 5. Information relating to disciplinary actions is privileged and
shall not be divulged by anyone gaining access to such information
except in accordance with existing regulations even though the
employee involved may divulge such information at his own discretion.


ARTICLE XI
SICK LEAVE

Section 1. The Union joins the Employer in recognizing the insurance
value of sick leave and encourage employees to conserve such leave
so that it will be available to them in case of extended illness in the

future.

Section 2. Employees normally will not be required to furnish a medical
certificate to substantiate a request for sick leave unless such sick leave
exceeds three (3) consecutive workdays continuous duration except
that, in the case of employees suspected of abusing the sick leave
privilege (e.g., when sick leave is used frequently or in unusual patterns
or circumstances), the Employer may require submission of a medical
certificate.

Section 3. Employees who suffer from a chronic illness necessitating
absences exceeding three working days on an intermittent basis over
an extended period of time, but do not necessarily require medical
treatment, may submit one medical certificate to cover such absences
for not more than six (6) months at a time. The medical certificate shall
contain the nature of illness, reason for and expected dates of
intermittent absences, and period of time in which absences are
expected occur. This provision does not apply to employees who are
under restrictions due to leave abuse.

Section 4. Sick leave may be advanced to an employee upon his
request in an amount not to exceed thirty (30) working days in cases of
serious illness or disability, in accordance with applicable rules and
regulations and when it is considered to be in the best interests of the

Employer.

Section 5 Employees desiring medical, dental, or optical examination or
treatment should make every effort to schedule such appointments after
working hours or on non-workdays. Where this is impractical, requests
for sick leave to cover such examination or treatment shall be submitted

as far in advance as possible.

Section 6. It is agreed and understood that it is the responsibility of the
employee to see that his supervisor is notified by telephone or other
means if he is prevented from reporting to work because of an
incapacitating illness or injury. Employees who desire sick leave
because they are unable to report to work must request the leave no
later than fifteen (15) minutes after the start of their shift, unless they
have a bona fide reason for not doing so. In such instances, they will


23

leave as far in advance as circumstances permit. Approval of military
leave shall be based on a copy of the orders directing the employee to
active duty and a copy of the certificate on completion of such duty.

Section 13. The granting of leave for maternity reasons is a
combination of sick leave, annual leave, and leave without pay. Sick
leave may be used to cover the period of incapacitation, and in
accordance with sick leave regulations, to care for the child when the
child is ill. If sick leave is exhausted, annual leave will be granted if
available or leave without pay. After delivery and recuperation, the
employee may desire a period of adjustment or lead time to make
arrangements for the care of the child. Such additional leave
requirements must be taken care of by the use of available annual
leave, leave without pay or compensatory time.

a. The employee is responsible for notifying the Employer of her
intent to request leave for maternity reasons, including the type
of leave, approximate dates, and anticipated duration. This will
allow the Employer to prepare for any staffing adjustments
necessary to compensate for the employee’s absence.

b. The Employer may request a medical certificate from the
employee if there is a question concerning to the employee’s
physical fitness to continue work before or to return to work.

c. The Employer will make a reasonable effort to accommodate a
pregnant employee’s request for a modification of duties or
temporary assignment for medical reasons when the request is
supported by acceptable medical evidence.

d. Consistent with the Family and Medical Léave Act, employees
may have up to 480 hours of accrued sick leave to care for a
family member with a serious health condition.

Section 14. Notwithstanding the above, nothing contained in this article
will restrict the Employer's ability to require the presence of an
employee, pursuant to its right to assign work under 5 USC
7106(a)(2)(B), should the Employer determine that the employee's
services are necessary.

yr

a


ARTICLE XII
ANNUAL LEAVE

Section 1. In making a determination on an employee's request for
annual leave, the need for the employee's services, work load, and
manpower requirements may be among the factors considered. The
Employer agrees to establish and adhere to a leave schedule insofar as
possible. It is agreed that employees will be consulted in the
establishment of such a schedule, and full consideration may be given
to each employee’s one most preferred leave period. When it is
necessary to restrict the number of employees granted leave during a
particular period, due consideration may be given to such factors as
operating needs and skill availability. Where all other factors are judged
to be substantially equal, the employee with greatest seniority may be
given preference for the desired leave period. Seniority will be
determined by the employee’s SCD (leave), as shown on the
employee’s SF 50. Employees may request changes to the schedule
where there is no conflict involved.

Section 2. Requests for annual leave will be submitted to the
appropriate supervisor as early as possible but not less than twenty-four
(24) hours in advance. Employees who desire annual leave because
they are unable to report to work due to unforeseen circumstances must
request the leave no later than fifteen (15) minutes after the start of their
shift unless they can not do so. In such instances they will call as soon
as possible. Any request for unscheduled annual leave will be
considered on an individual basis by the appropriate supervisor before
the leave is approved or denied. Absences without authorization may
subject the employee to disciplinary action.

Section 3. When the Employer finds it necessary to disapprove a
request for annual leave or to cancel previously approved leave, the
Employer will explain the reasons for such action to the affected
employee as practicable. Should a situation arise where the Employer
may have to cancel previously approved leave, the Employer will give
due consideration to employees whose leave includes non-
reimbursable plane tickets.

Section 4, Employees and the Employer have a mutual responsibility to
schedule annual leave for planning purposes as well as to avoid
forfeiture because of the limitation of maximum leave which can be
carried forward to the succeeding leave year.

Section 5. All excess annual leave should be scheduled as early as
possible in the leave year. Excess annual leave that has been


32

ARTICLE XX
ADVERSE ACTIONS

Section 1. An adverse action means a removal, a suspension for more
than 14 calendar days, a reduction in grade or pay, or a furlough of 30
days, or less. For the purpose of this Article, the provisions of Chapter
75, Subchapter Il, 5 U.S.C. apply. The Employer may take such
adverse action against an employee only for such cause as will promote
the efficiency of the service.

Section 2. An employee against whom an action is proposed is entitled
to:

a. at least thirty (30) calendar days advance written notice,
unless there is a reasonable cause to believe the employee has
committed a crime for which a sentence of imprisonment may be
imposed, stating the specific reasons for the proposed action;

b. a reasonable time, but not less than seven (7) days to answer
orally and in writing and to furnish affidavits and other documentary
evidence in support of the proposed action;

c. the right to review the material on which the proposal was
based and which is relied upon to support the reasons in the notice of
proposals;

d. to be represented by an attorney or other representative; and

e. a written decision and the specific reasons therefore.

Section 3. In the event the decision is made to take the proposed, or
less severe adverse action, the employee shall be informed of his right
and the time frame to appeal the decision to the Merit Systems
Protection Board or through the negotiated grievance procedure, but not
both.

Section 4. An employee will, upon request, be furnished a copy of all
written documents in the case file rélied on by the Employer which form
the basis for any adverse action.


ARTICLE Vill
OVERTIME

Section 1. Overtime work shall be compensated at the appropriate
overtime rates in accordance with law and regulation.

Section 2, General Schedule (GS) employees whose basic pay does
not exceed the minimum rate for GS-10 may request compensatory
time in lieu of overtime pay for irregular overtime worked. GS
employees whose basic rate of pay is above the maximum rate of GS-
10 may receive compensatory time or overtime pay as determined by
the employer.

Section 3. Employees assigned to overtime work will be given as much
advance notice as practicable and will respond in a responsible manner.
Employees must recognize and accept their special obligation for
responsiveness to call-back overtime when urgent/emergent conditions
necessitate the use of call-back.

Section 4. In assigning overtime work, the Employer shall not assign
overtime work as a reward or penalty.

a. When it becomes necessary to continue work on a particular
job on an overtime basis, (unscheduled), the employee assigned to
such overtime work will normally be the one who has been working on
the same job during his regular shift hours.

b. When the need for overtime work is known in advance, the
Employer will assign the overtime work as fairly as practicable.

c. Full consideration must be given to such factors as the
relative skill and ability of available employees, the organizational
assignment of employees, specialized training, dependability of the
employee knowledge of the job the particular type of work involved and
employee medical and physical condition.

d. The expressed desires of employees to receive overtime
work assignments, or not to receive such assignments will also be
considered; however, the aforementioned factors will take precedence.

Section 5. Employees called back to work shall receive at least two (2)
hours “call back” pay at the applicable overtime rate, although they may
work less than two (2) hours, in accordance with applicable regulations.

Section 6. Subject to the Employer's right to assign work, employees
will be given the opportunity for an unpaid meal period, if the employees
are scheduled to work more than two (2) hours of overtime following
their shift.


ARTICLE III

RIGHTS OF THE EMPLOYER

Section 1. Itis recognized that the customary and usual rights, powers,
functions and authority of management officials are vested in
management officials of the Employer. In accordance with the Civil
Service Reform Act of 1978, these include the rights:

a.

b.

To determine the mission, budget, organization, number of
employees, and internal security practices of the Employer;
To hire, assign, direct, layoff, and retain employees in the
agency, or to suspend, remove, reduce in grade or pay, or
take other disciplinary action against such employees;

To assign work, to make determinations with respect to
contracting out, and to determine the personnel by which the
Employer's operations shall be conducted;

To make selections for appointments from among properly
ranked and certified candidates for promotion or any other
appropriate source;

To take whatever actions may be necessary to carry out the
Employer's mission during emergencies.

Section 2. Nothing in this CBA shall preclude the parties from
negotiating:

a.

At the election of the Employer, on the numbers, types and
grades of employees or positions assigned to any
organizational subdivision, work project, tour duty, or on the
technology, methods and means of performing work;
Procedures which management officials will observe in
exercising any authority under Section 7106 of the Act.
Appropriate arrangements for employees adversely affected
by the exercise of any authority under Section 7106 of the Act
by such management officials.

Section 3. The Employer retains ail other rights in accordance with
applicable laws and regulations, except for those specific modifications
contained in this CBA.


29

ARTICLE XVII
EMPLOYEE DEVELOPMENT

Section 1. Job training required by the Employer, as distinguished from
training for which the employee voluntarily applies, shall be
accomplished on the Employer's time.

Section 2. The training and development of employees within the unit is
a significant investment. In conjunction with this goal, the Employer will,
as funds permit, provide to all employees the training the Employer
deems necessary for employees’ presently assigned duties or proposed
assignments.

Section 3. Employees are responsible for self-development, for
successfully completing and applying authorized training. They share
with management the responsibility to identify training needed to
improve individual and organizational performance and identity methods
to meet those needs, effectively and efficiently.

a. To the extent feasible, employees will have an
Individual Development Plan (IDP) to show what
training is necessary to provide the employee with any
knowledge, skills, or abilities needed to perform official
duties, and will include any training required by law or
regulation.

b. Career counseling may be provided by the Employer
for those employees who request specific information
regarding training and development for new career
opportunities.

Section 4. Each employee is responsible for applying reasonable effort,
time and initiative to keep abreast of the changing technology of his
occupation. The Union and the Employer, therefore, will encourage
employees to take advantage of training and educational opportunities
which will add to the skills and qualifications needed by the Empioyer in
their occupational fields.

Section 5. The selection of employees for training necessary for
promotion shall be made under Merit Promotion Plan competitive

procedures.

ip

Ny


26

Section 7. Temporary promotion of 120 days or less to positions in the
bargaining unit or first-level supervisory positions shall be made as
equitably as practicable from among employees who are qualified and,
normally, who indicate a willingness to serve in the higher-level
bargaining unit positions. It is recognized, however, that the
requirements and conditions of the job shall be the deciding factors in
making the selection, and that selection will be from among all
employees of DLA Document Services, Pearl Harbor who meet the
above requirements. Terminations of temporary promotions are not
subject to processing under Article XXI, Grievance Procedure.

Section 8. Grievances arising out of application of the Merit Promotion
Plan, including rating and ranking complaints, shall be processed under
the negotiated grievance procedure. It is understood that non-selection
for promotion from a group of properly ranked and certified candidates
is not grievable. The Union recognizes that selecting officials are not
required to justify their selection decisions to non-selected candidates.
However, upon request, the employee may be counseled as to how the
employee might improve changes for future selection.


PREAMBLE

In accordance with the provisions of Title VII of the Civil Service
Reform Act of 1978, hereinafter referred to as the “Act,” this Collective
Bargaining Agreement (CBA) is made by and between the DEFENSE
LOGISTICS AGENCY (DLA) DOCUMENT SERVICES, PEARL
HARBOR hereinafter referred to as the “Employer,” and the
INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL
ENGINEERS, AFL-CIO/CLC, LOCAL 121, hereinafter referred to as the
“Union.” Wherever the pronouns “he,” “she”, “him,” “her” or “his” are
used, they are intended to include both genders.

WITNESSETH

WHEREAS, the statutory protection of the right of employees to
organize, bargain collectively, and participate through labor
organizations of their own choosing in decisions which affect them
safeguards the public interest, contributes to the effective conduct of
public business, and facilitates and encourages the amicable
settlements of disputes between employees and their employers
involving conditions of employment; and

WHEREAS, the public interest demands the highest standards of
employee performance and the continued development and
implementation of modern and progressive work practices to facilitate
and improve employee performance and the efficient accomplishment
of the operations of the Goverment; and

WHEREAS this CBA should be interpreted in a manner
consistent with the requirement of an effective and efficient
Government;

NOW THEREFORE, the parties hereto agree within the meaning
of the Civil Service Reform Act of 1978, hereinafter “the Act,” as follows:


Article
XVII
XVIII
xix
Xx
Xx
XXxil
Xxilt
XXIV
XXV
XXVI

nN

TABLE OF CONTENTS (Continued)

Grievance Procedure.............cceceeeeseeteetee tere eeane eae eeaeeeene ene anee 33-37

Arbitration.......ccccccccccceeeeeete cece rere eee ee reer eeeeeer rer rieeene gees

Position Classification...

Contracting Out... ccccccesseececteteerneeeeneesenerseceteesenneeetenieeeenggs At
General ProviSionS...........::c:ccceeeeeeeeeeeeeeeeeeeteaneerereesnaaneeeetees 42-43
Duration of Agreement. .........cecceeeeneeeeecnerereceetenerneeteneeesteceanaeeee 44

Appendix |: DLA DOCUMENT SERVICES GRIEVANCE FORM


ARTICLE IX
HOLIDAYS

Section 1. Holidays will be observed as non-work days to the extent
practicable consistent with workload and manpower requirements as
determined by the Employer.

Section 2. Any employee having annual leave to his credit may apply
for annual leave for any workday which occurs on the employee's
birthday or a religious holiday associated with the religious faith of the
employee. Such leave will ordinarily be approved when requested at
least five days in advance unless the granting of such leave would
adversely affect the operation of the Employer.

Section 3. Assignment of holiday work shall be made in accordance
with Section 4 of Article 8, Overtime.

Section 4, Pay for holiday work shall be computed in accordance with
applicable laws and regulations.


ARTICLE It

DUTY TO BARGAIN AND SCOPE

Section 1. The parties to this CBA have a duty to bargain collectively
on the conditions of employment affecting employees in the bargaining
unit. This mutual obligation to meet at reasonable times to consult and
bargain in a good faith effort to reach agreement on personnel policies,
practices, and matters affecting working conditions shall not extend to
matters relating to prohibited political activities, to those relating to the
classification of any position, or to the extent such matters are
specifically provided for by Federal statute.

Section 2. The duty bargain is as set forth in 7117(a) of the Act.

Section 3. In the administration of all matters covered by this CBA, the
parties are governed by the following: existing and future laws;
Government-wide rules and regulations in effect upon the effective date
of this Agreement; and Government-wide rules and regulations issued
after the effective date of this CBA that do not conflict with this CBA.

Section 4. Itis agreed that proposed changes in conditions of
employment affecting employees in the bargaining unit and for which
there is an obligation to bargain shall be accomplished by presenting a
draft of the proposed change to the Union and permitting a sufficient
time (not more than ten (10) calendar days from receipt) for study and
submission of proposals. The Union agrees that, should it fail to submit
proposals within the prescribed time, the Employer may then proceed to
implement the proposal without the obligation to negotiate. If the Union
submits proposals, negotiations will commence within ten (10) calendar
days from receipt of the Union’s proposals, unless the parties agree to a
later date. Should negotiations take place, normal conduct of
negotiations govern, including third party proceedings. The foregoing
does not preclude the Employer from implementing policies and
procedures at any time it is deemed necessary to insure effective and
efficient operations as mandated by 7101(b) of the Act. In such event,
the parties will continue negotiations even after the change has been
implemented. The time limits set forth in this paragraph may be
extended by mutual agreement of the parties.

Section 5. The Union point of contact for the purpose of negotiating on
any issue regarding the administration or application of this CBA shall
be the duly elected Union President unless he has designated a
representative in writing. The point of contact for the Employer will be
the Labor Advisor servicing DLA Document Services, Pear! Harbor.


21

ARTICLE XIHl
OTHER LEAVE AND ABSENCES

Section 1, Requests for leave of absence without pay will be
considered on their individual merit and shall not exceed a period of one

(1) year for each application.

Section 2. The Employer agrees that when given adequate advance
notification in writing that an employee in the unit has been elected or
appointed to a union office or as a delegate to any union activity
requiring a leave of absence, such employee may be granted annual
leave and/or leave without pay consistent with regulations and work

load requirements.

Section 3. In accordance with applicable statutes and. regulations,
employees in an approved leave of absence without pay status shall
maintain all rights and privileges in respect to retirement status,
reduction-in-force rights, and coverage under the Federal Employees
Group Life insurance and Federal Employees Health Benefit Program

Section 4. Administrative leave is approved absence from duty without
loss of pay and without charge to leave.

Section 5. As a general rule, when the voting polls are not open at least
three (3) hours either before or after an employee’s regular hours of
work, such employee may be granted an amount of excused leave to
vote which will permit the employee to report to work three (3) hours
after the polls open or leave work up to three (3) hours before the polls
close, whichever requires the lesser amount of time. Employees who
do not intend to vote are not entitled to such time off.

Section 6. Where the activity head closes ail or part of DLA Document
Services, Pearl Harbor prior to the start of work due to unanticipated
curtailment of operations based on extreme weather, natural disasters,
and unforeseen interruptions of transportations or building services, the
Employer will make reasonable efforts to inform all affected employees
by private or public media.

Section 7. If an emergent situation, such as extreme weather or a
natural disaster, prevents an employee from arriving at work and the
employee’s office is open, the Employer may consider granting
administrative teave for all or part of the employee’s workday upon the
employee providing the Employer reasonably acceptable
documentation that the employee made all reasonable efforts to reach
work, but that the emergent condition prevented the employee from


AGREEMENT

BETWEEN
DLA DOCUMENT SERVICES
AND
INTERNATIONAL FEDERATION
OF PROFESSIONAL AND TECHINCAL

ENGINEERS
LOCAL 121
arbor,
ASN:
i-P TE
LOCAL 121
EFFECTIVE

6 DECEMBER 2010


44

ARTICLE XXV!

DURATION OF AGREEMENT

Section 1. This CBA will become effective on the date of Department of
Defense (DoD) approval, or 31 days from the date of execution of this
CBA, whichever comes first. The duration of this CBA will be for three
(3) years from the date of approval of the CBA. Execution of this CBA
will occur only after ratification by members of the Union who are also
bargaining unit employees. This CBA shall be terminated at any time it
is determined that the Union is no longer entitled to exclusive
recognition under the Act. Provided the Union's exclusive recognition
has not been challenged during the 105 to 60 day period prior to the
conclusion of the three (3) year period and the CBA has not been
terminated at an earlier date for the purpose of either amending or
extending the CBA in its entirety or commencing the negotiation of a
new CBA. If anew CBA, this CBA will remain in effect for successive
periods of one year, subject to approval by DoD, unless either party
notifies the other in writing at least 90 days prior to the expiration date of
its intention to renegotiate a new CBA. When either party requests to
renegotiate the CBA, the provisions of this CBA shall be honored until a
new CBA becomes effective, except for those provisions that are
contrary to any law, regulation, Executive Order or Public Law 95-454.

Section 2. After one year, this CBA may be opened at any time for
amendment by mutual.consent of the parties hereto. Any request for
amendment from either party shall be in writing and must include a
summary of the amendment or amendments propose. Within twenty
(20) working days of receipt of such request, representatives of the
Employer and Union shall meet to discuss the matter. If the parties
agree that opening of the CBA is warranted, they shall proceed to
negotiate the proposed amendment(s). No changes shall be
considered other than those directly related to the subject of the
proposed amendment(s). Any agreement is reached shall be duly
executed by both parties and will become effective on a date
determined to be appropriate under the circumstances. All
amendments must be handled and approved in the same manner as
provided in Section 1 of this article.


Section 7. Relationships between employees and their managers
should be mutually conducted in a businesslike, courteous and tactful
manner. In dealing with the employees and the Union, the Employer
will respect their dignity. The employees and the Union will do the
same with respect to the Employer.

Section 8. Nothing in this CBA shall prohibit an employee from being
represented by a Union steward at any stage of the EEO complaint
process upon request including the counseling stage.


ARTICLE IV
RIGHTS OF THE EMPLOYEES

Section 1. The Employer and the Union agree that employees shall
have and shall be protected in the exercise of their rights freely and
without fear of penalty or reprisal to form, join and assist any labor
organization or to refrain from any such activity. The right to assist such
an organization shall extend to participation in the management thereof
and action as a representative of the organization, including
presentation of its views to officials of the Executive Branch, the
Congress or other appropriate authority.

Section 2. It is further agreed that the rights described in Section 1,
preceding, do not extend to participating in the management of any
labor organization or acting as a representative of any such
organization where such participation or activity would result in a conflict
of interest or otherwise be incompatible with law or with the official
duties of an employee.

Section 3. The Union and Employer agree that resolution of matters
arising between employees and the Employer be accomplished as
informally as possible between the individual employee and at the
lowest level of supervision practicable. The Employer agrees that
employees of the bargaining unit shall have the right to communicate
with their steward during working hours the employee’s work site as
authorized in Article VI, Section 4.

Section 4. A reasonable amount of official time will be granted to an

employee, in accordance with this CBA, to present his grievance to the
Employer and/or to prepare and present an appeal of an adverse action
(as defined in Article XX, Adverse Action) in accordance with applicable

regulations.

Section 5. Nothing in this CBA shall require an employee to become or
remain a member of a labor organization, or to pay money to an
organization except pursuant to a voluntary, written authorization by a
member for the payment of dues through payroll deductions.

Section 6. The Employer agrees that all provisions of this CBA shall be
applied fairly and equitably to all employees in the bargaining unit.


40

ARTICLE XxXill
POSITION CLASSIFICATION

Section 1, It is agreed that the Position Classification Program will be
conducted within the guidelines issued and authority delegated by the
Office of Personnel Management. The Employer agrees to maintain
current and accurate position descriptions for all positions in the
bargaining unit, in accordance with existing instructions.

Section 2. The Employer agrees that each employee will be provided a
copy of his official position description and any amendment(s) thereto.
If substantive changes are made to the official position description, the
Employer will make the affected employees aware of the changes.

Section 3. It is understood that a position description is is a written
statement of the principal duties and responsibilities assigned by the
Employer to a position which defines the kinds and range of duties an
employee may expect to perform during the time he remains in the
position. The position description need not set forth every duty an
employee may be expected to perform and does not restrict the
assignment of duties.

Section 4. Any employee who feels that his position is improperly
classified may discuss the matter with his supervisor. The supervisor,
upon request and showing of good cause, will arrange for review of the
employee’s classification. The employee may request the assistance of
a union steward when discussing the matter with his supervisor or when
being interviewed or audited.


28

Section 6. In the event of a RIF, a representative of the Employer will
advise all affected employees of the RIF and the employees’ rights as
far in advance as possible but not later than thirty (80) days before the
action becomes effective. The Employer's representative, will cover,
where applicable, employees’ entitlement to reassignment, change to
lower grade in lieu of separation, retirement, placement on appropriate
reemployment priority lists, severance pay, etc., in accordance with
applicable regulations.


IN WITNESS WHEROF the, parties hereto have executed
this Agreement on this dayof @2ee, 2010.

FOR 7] Y:

/

Bobby Kadomoto
DLA Document Services, Pacific Office Group Director

My

ChrisNaylor
Labor mayen,

FOR THE UNION:

4,

Peter O. Fontanilla
Chief Negotiator

Guy Yamstuji
Negotiat


ARTICLE XVI
REDUCTION IN FORCE

Section 1. The Employer agrees that prior to the issuance of official
notice to the employees in the bargaining unit involved in reduction-in-
force (RIF) action, the Union shall be notified of the number of
employees and competitive levels to be affected, the competitive area
(which will be DLA Document Services, Pearl Harbor — wide), the date
action is to be taken and the reasons for the RIF. The Union will render
its assistance in communicating to the employees the reasons for the

RIF.

Section 2. In the event of a RIF, the Employer will consider filling
existing vacancies to the maximum extent practicable through
placement of well-qualified bargaining unit employees who would be
affected by displacement action. The Employer further agrees to
consider training for another position in the bargaining unit an employee
scheduled to be separated by RIF where such training would be
feasible and consistent with manpower requirements. Where the
Employer exercises this option and there are more affected employees
than available positions and qualifications for the position are
substantially equal, the Employer will select in order of highest RIF
retention standing. The application of this provision, however, neither
requires the employer to fill vacant positions nor to fill vacant positions
with unqualified employees.

Section 3. Any career or career-conditional employee who is separated
as a result of RIF shall be registered for inclusion in the DoD Priority
Placement Program (Stopper List). Employees who are to receive
severance pay do not have the option of not being registered. The
Employer shall also provide affected employees with the assistance to
register for inclusion on the DoD Reemployment Priority List, unless the
employees do not wish to be registered.

Section 4. An employee’s entitlement to grade/pay retention when the
employee is changed to lower grade in a RIF or to severance pay when
he is separated in a RIF, shall be determined under applicable law and
regulation. Such employees will be informed of grade/pay retention or
severance pay, as appropriate.

Section 5. Each employee selected. for release from a competitive level
under RIF procedures is entitled to a written notice of at least 60
calendar days; of 120 calendar days if the RIF involves a minimum of
50 employees being separated.


ARTICLE |
EXCLUSIVE RECOGNITION AND COVERAGE OF AGREEMENT

Sectioni. The Employer recognizes the Union as the exclusive
representative of all employees covered by this CBA with respect to
grievances, personnel policies and practices or other matters affecting
general working conditions.

Section 2. The provisions of this CBA shall only apply to those activities
of the Employer affecting members of the bargaining unit, which is
defined as:

Included: All graded non-professional employees of the
DLA’s Document Services, Pearl Harbor.

Excluded: All graded professional employees, management
officials, supervisors, and employees described in 5
USC 7112(b)(2), (3), (4), (6) and (7).

Section 3, The provisions of this CBA also apply to the parties when
bargaining unit employees are on temporarily assigned duties (i.e.,
travel) outside of Document Services, Pearl Harbor, to the extent that
the Employer retains control of the employees in their work
assignments, consistent with law and applicable regulations.


call as soon as possible. Employees sent home from work because of
illness normally shall be subject to the foregoing reporting requirement
on the following workday if still incapacitated. When any absence due
fo illness extends from one workweek into another, the employee shall
notify the office on the first day of the second week and of each week
thereafter until his return to duty.


35

Grievance Form at Appendix I, and submitting it to his second level
supervisor within ten (10) calendar days.

b. Within ten (10) calendar days after receipt of the written
grievance, the second level supervisor or his designee shall meet with
the grievant, the Union representative and other appropriate persons.
Within ten (10) calendar days after the meeting, the Business Line
Coordinator or his designee shall render his decision to the grievance,
in writing, with a copy to the Union. If the decision is unsatisfactory to
the grievant, he may proceed to Step 3.

Step 3. Within ten (10) calendar days of receipt of the Step 2
decision, the grievance may be submitted in writing to the Director,
DLA Document Services, Pacific in writing. The Commanding
Officer or his designee, will issue a written decision no later than ten
(10) calendar days after receipt of the grievance.

Step 4. Within twenty (20) calendar days of the Step 3
decision, the Union may invoke arbitration by notifying the
Commanding Officer in writing. Further processing of the grievance
will be in accordance with the provisions of Article XXII, Arbitration.

Section 7. At each step of this procedure, an employee grievant
shall be represented and accompanied by a Union designated
representative. As an exception to this requirement, an employee or
group of employees wishing to present a grievance under this
procedure without the intervention of the Union may do so. In such
case, the employee is not entitled to any representation at the
various steps, nor is he entitled to arbitration. The Employer may
adjust such grievances so long as the adjustment is not inconsistent
with the terms of this CBA and the Union has been given the
opportunity to be present during the grievance proceedings.

Section 8. Grievances initiated by the Union will be processed in
accordance with the provisions of Section 6 of this article beginning at
Step 2. Grievances initiated by the Employer will be submitted to the
Union President. The grieving party will schedule a meeting within
fifteen (15) calendar days, and designated representative of the
Employer will meet with the Union President, or his representative, to
resolve the grievance. A written decision will be rendered no later than
fifteen (15) calendar days following the meeting. If the Employer is not
satisfied with the decision, the Employer may, within fifteen (15)
calendar days from receipt of the written decision, invoke arbitration
with written notification to the Union.


36

Section 9. Unit employees grieving a reduction in grade or removal
because of unacceptable performance, or grieving an adverse action
as defined in Article XX, may raise the matter under a statutory
procedure of the negotiated grievance procedure, but not both. An
employee shall be deemed to have exercised his option at such time
as the employee timely initiates an action in writing under a statutory
procedure or timely files a grievance in writing in accordance with
this article. Such choice is irrevocable. If the employee grieves an
adverse or lesser action, the degree of proof the Employer

must meet is substantial evidence for unacceptable performance
cases as described in Section 4303 of the Act and preponderance of
evidence for all others.

Section 10.

a. Grievances based on letters of reprimand shall be
submitted to the Product Line Coordinator at Step 2 of this
procedure.

b. Grievances based on adverse actions appealed under this
procedure rather than to the Merit Systems Protection Board, or
based on suspensions of up to fourteen (14) calendar days shall be
submitted at Step 3 of this procedure.

Section 11. Where two (2) or more employees from the unit share an
identical grievance, the Employer may require that one individual
case be selected for processing with the understanding that the
decision on the case selected shall be binding on the other individual
case(s). When joint grievances are required and the Union is
representing the employees, the Union shall select one individual
case for processing. If the employees are not represented by the
Union, the employees shall select the one case for processing.

Section 12. The time limits prescribed in this article may be
extended by mutual consent upon a showing of good cause prior to
the end of the time limit. Failure of the Employer to observe time
limits with respect to any step in the grievance procedure shall move
such grievance to the next step provided the employee or the union,
as appropriate, timely notifies the Employer at the next step or the
desire to pursue the grievance. Failure of the employee, his
representative or of the Union to observe the time limit shall


24

ARTICLE XIV
CIVIC RESPONSIBILITIES

Section 1. In the event an employee is called for jury duty or jury
qualification, the Employer will grant court leave whenever practicable
consistent with regulations and work load requirements. If an employee
is called for the above civic duties, he/she shall promptly notify the
Employer and shall submit evidence of selection for jury service. Upon
completion of his/her service, the employee shall present to the
Employer satisfactory evidence of the time served on such duties.

Section 2. The Employer and the Union agree that unit employees will
be encouraged to participate in approved charity drives; however, in no
instance shall the Employer exercise undue pressure on any employee
to contribute to which the employee does not wish to contribute. The
Employer and the Union will encourage employees to participate in the
U.S. Savings Bond Payroll Savings Program.




43

shall not exceed twice in a calendar year.

Section 7. Provisions goveming the voluntary payroll deductions of
labor organization dues on behalf of employees who are members of
the Union are contained in a separate Memorandum of Agreement
executed between the Employer and the Union.

Section 8. Insofar as practicable, the Employer will provide adequate
space and privacy for the Union representative to conduct
representational duties such as discussing complaints with bargaining
unit employees.

Section 9. Nothing in this CBA shall be construed as a bar to the tights
of an employee to bring matters of personal concern to the attention of
his congressional and other legislative representatives.

Section 10. If an employee who is operating a government motor
vehicle within the scope of his employment has an accident which
results in a suit filed against him for damages to property or for personal
injury or death, such employee will deliver to the Employer the papers
served upon him. The Employer shall furnish the papers and other
necessary information to the U.S. Attorney for appropriate action by him
in accordance with applicable laws and regulations. The employee will
make prompt notification to the Employer of all such accidents in which
he is involved, and the Employer will advise the employee of his
responsibilities as provided herein. Commuting between home and
work does not fall within the above provisions.


41

ARTICLE XXIV
CONTRACTING OUT

Section 1. The Employer agrees to notify the Union as soon as a
determination has been made to contract out a function performed by
bargaining unit employees. The Employer and the Union recognize the
importance of informing the employees of the reasons for contracting
out, It is the right of the Employer to make determinations with respect
to contracting out. In the event the Employer exercises its right to
contract out work which adversely affects the employees, the Employer
shall notify the Union of its decision, keep the Union apprised of any
impacting developments, and fulfill all bargaining requirements.

Section 2. The Employer shall make a reasonable effort to minimize the
impact of RIF resulting from the decision to contract out work, using
applicable laws and regulations. The Employer will counsel employees
adversely affected by the need to RIF and shall maintain effective
communications with impacted employees.

Section 3. The Union will be informed promptly of any changes
resulting from the decision to contract work which impacts bargaining

unit employees.

Section 4. It is understood that disputes over the implementation of or
any matter in OMB Circular A-76 are excluded from the Negotiated
Grievance Procedure.


connected with the internal management or operations
of the Union or any other labor organization; the
collections of dues, assessments, or other funds; the
solicitation of memberships; campaigning for elective
office in the Union or other labor organization; the
distribution of literature or authorization cards; or the
solicitation of grievances or complaints.

c. To perform other representational functions, as
appropriate.

Section 5. Stewards will not be discriminated or retaliated against or
transferred from one work shift to another due solely to legitimate labor
organization activities permitted under the provisions of applicable
regulations or this CBA. The Employer will give stewards as much
advance notice as practicable when changing their work shift, workweek

or work location.

Section 6. Stewards will normally handle matters within their
cognizance up to and including the Department Head equivalent level.


Section 5 It is understood that, in the situation described in Section 4
above, where a competing employee has a compelling need but less
seniority than another competing employee, the compelling need will
outweigh the seniority. Where two competing employees have
compelling needs, all other factors are equal, and only one may be
chosen, the Employer will select based on greater seniority, rather than
on the basis of the more compelling need.

Section 6. Normally, during each tour duty employees are allowed a
specified: period of time off to eat lunch. A lunch period is non-work time
for which neither basic nor overtime compensation is payable.

Section 7. The Employer agrees to consider an employee’s request for
a rescheduling of the employee’s workweek to allow the employee to
take courses in an educational institution. In order for the request to be
considered, it must not interfere with the accomplishment of the
employee’s work. The employee will still be required to work a 40-hour
workweek and no premium pay will be paid solely because of the
rescheduling. The course taken should equip the employee for more
effective work in the agency.


INTERNATIONAL FEDERATION OF
iEPTE PROFESSIONAL and
TECHNICAL ENGINEERS

STATE OF HAWAII & PACIFIC OCEAN AREAS:
LOCAL 121, P.O. BOX 786, AIEA, HAWAII 96701
PHONE: (808) 474-4218

AGREEMENT

BETWEEN THE
DEFENSE LOGISTICS AGENCY (DLA)
DOCUMENT SERVICES, PEARL HARBOR

AND
INTERNATIONAL FEDERATION
OF PROFESSIONAL AND TECHNICAL
ENGINEERS

LOCAL 121

EFFECTIVE
6 DECEMBER 2010


34

Part 1614 of EEOC regulations;

p. Disputes over implementation of or any matter in the OMB
Circular A-76 process;

q. Any matter for which a statutory appeal procedure exists,
except for appeals of performance based or adverse actions appealable
to the Merit Systems Protection Board under 5 CFR Part 432 or Part
752, and FLSA complaints;

r. Letters of Caution and Letters of Requirement.

s. Matters beyond the control, of the Employer

Section 4. A grievance which questions the interpretation of published
DLA policies or regulations, provisions of law or regulations of
appropriate authorities outside the DLA will be processed as follows:

a. If the matter cannot be resolved locally, processing of the
grievance beyond Step 1 of Section 6 (Step 2 if grieving a disciplinary
action in accordance with Section 6 of this article) will be delayed until
the questioned policy, law or regulation has been interpreted by the
office of issue or cognizant office. The Employer will forward the
position papers of both parties to the cognizant office of issue in the
Department or DHRC appropriate.

Section 5. To be timely, a grievance must be presented within fifteen
(15) calendar days after the date of the particular act or occurrence
which gave rise to the grievance, or within fifteen (15) calendar days
after the date the grievant became aware, or should have become
aware, of the act or occurrence.

Section 6. The following grievance procedure applies to all eligible
employees of the bargaining unit:

Step 1.

a. an employee shall first take up his grievance informally with
appropriate supervisor, normally his immediate supervisor, explicitly
stating that his concern is a grievance. The supervisor (in compliance
with Section 7 of this article) will meet with the employee in an attempt
to resolve the grievance.

b. If the employee accepts the decision of the first-level
supervisor, and he desires that it be reduced to writing, he may do so by
initiating the Grievance Form at Appendix |, completing items 1 through
8. The supervisor will provide his written decision within five (5)
calendar days.

Step 2.
a. Most grievances should be settled at Step 1; however, if the

employee is dissatisfied with the decision at Step 1, he may exercise his
right to pursue the grievance by reducing it to writing using the


22

arriving on the time or at all. Employees are obligated to contact their
supervisor as early as practicable to explain the circumstances and
provide an estimated time of arrival at work.

Section 8. Tardiness and unavoidable absence from work up to one
hour at the beginning of the work shift or following an approved leave
period, may be excused for adequate reasons as determined by the
Employer.

Section 9. Employees donating blood may be granted up to four hours
of administrative leave to cover travel to and from the donation site, the
donation of blood, and recovery if necessary, additional recuperative
time may be provided. However, the total administrative leave will be
limited to the remaining scheduled hours of duty on that day. An
employee who is not accepted for donating blood is only entitled to the
time necessary to travel to and from the donation site and the time
needed to make the determination. This provision does not cover
employee who gives blood for his own use or receives compensation for
giving blood.

Section 10. An employee who is an official or representative of the
Union may be excused without charge to leave in conduction with
attendance at a training session sponsored by the Union, provided the
subject matter of such training is of mutual concern and benefit to the
DoD and the employee in the capacity as a Union representative and
the DoD’s interest will be served by the employee's attendance.
Administrative excusal for this purpose may cover only such portions of
a training session to meet the foregoing criteria and will not exceed
sixteen (16) hours for any individual within a twelve-month period.

Section 11. The Employer will grant court leave consistent with
regulations for employees required to perform jury duty or attend judicial
proceedings in a nonofficial capacity as a witness on behalf of the State,
the District of Columbia, or a State or local government. The Employer
may request excusal of the employee from the appropriate court in the
event the employee cannot be released because of work load
requirements.

Section 12. Members of reserve components of the Armed Forces and
National Guard who are permanent, indefinite, or part-time (career)
employees, accrue up to 15 calendar days of military leave per fiscal
year (prorated for part-time career employees). To the extent not used
in a fiscal year, military leave may be carried over into the new fiscal
year for a potential total of 30 days of military leave. A maximum of 30
days of military leave may be used during one or more periods of
military duty during the fiscal year. Employees shall apply for military






30

ARTICLE XVIII
SAFETY

Section 1. The Employer will exert a reasonable effort to provide and
maintain a safe and healthful work environment for employees. The
Union recognizes that safety at the worksite is a matter of great
importance and will encourage employees to work in a safe manner and
promptly report any unsafe conditions to the appropriate: Employer
Official. The Employer recognizes that if corrective action is necessary,
it must be accomplished in a timely manner.

Section 2. Each employee has a responsibility for his/her own safety

and an obligation to know and observe safety practices as a measure of
protection for himself and others.

Section 3. The Employer will arrange for appropriate transportation or
assistance to employees who are ill or injured while at work and have
been declared unable to drive or safely operate a vehicle by competent
medical or supervisory authority.


39

the testimony, evidence and arguments presented for the purpose of
determining whether the action taken was reasonable or warranted or
whether it was arbitrary or an abuse of discretion. The arbitrator shall
be instructed that he may not change, modify, alter, delete or add to
provisions of the CBA, that such a right is the prerogative only of the
contracting parties.

Section 6. The arbitrator will be requested to render his decision as
quickly as possible, but in any event not later than thirty (30) calendar
days after the conclusion of the hearing unless the parties mutually
agree to extend the time limit.

Section 7. In the event the Employer or the Union takes the position
that a certain matter is not grievable or arbitrable, the question of
grievability or arbitrability shall be submitted to arbitration as a threshold
issue. The arbitrator shall first determine whether the issue is grievable
before hearing the merits of the case. If it is determined that the matter
is grievable or arbitrable, the merits of the dispute will then be
considered at a later date, or at the initial hearing as the parties agree.

Section 8. The fee and expenses of arbitration shall be borne equally
by the Employer and the Union. The arbitrator's fee, per diem and
travel allowance will be set in accordance with applicable regulations.
The parties and the arbitrator will agree in writing, in advance, upon the
cost items, rates pertaining thereto and other appropriate matters.

Section 9. The time limits in this article may be extended by mutual
agreement of the Employer and the Union.


ARTICLE XV
PROMOTION

Section 1. The Employer and the Union agree that all vacant positions,
which are filled by competitive means, will be filled in accordance with
the Merit Promotion Plan, applicable regulations and this CBA. The
overall objective of the Merit Promotion Plan is to assure that positions
filled under competitive procedures are filled with the best qualified
Persons available and that employees have an equal opportunity for
advancement. All provisions of this article are applicable only to
positions in the bargaining unit.

Section 2. The Union recognizes that the Employer may utilize sources
other than merit promotion and may fill vacancies by methods other
than promotion, such as appointment, reinstatement, reassignment,
change to lower grade, or transfer. The Employer may also cancel or
postpone action to fill a vacancy.

Section 3. Most position vacancies in the bargaining unit will not be
announced but will be filled through the current online program.

Section 4. In those rare instances when a bargaining unit position
vacancy is announced under Merit Promotion, the Employer will
publicize the recruitment action for at least seven (7) business days.

Section 5. As an exception to competitive promotion procedures, an
employee demoted without personal cause and eligible under
applicable regulations will be given prior consideration for repromotion
to certain vacancies for which the employee is fully qualified and
interested in. Priority consideration will be given before taking any
action to fill the vacancy, except for the placement of an employee with
statutory or regulatory rights. Consideration will extend only to positions
in the pay system of the position from which demoted which are at or
below the grade of the position from which demoted above the level of
the ‘position to which assigned. It is understood that employees
afforded priority consideration have no entitlement of selection.

Section 6. The Employer agrees to temporarily promote qualified
employees who are directed to perform the required duties of a higher-
level position in the unit or first-level supervisory position for two (2)
calendar weeks or longer when it is known in advance that the
assignment will last for at least two (2) calendar weeks.


ARTICLE V

RIGHTS OF THE UNION

Section 1. It is agreed that the parties shall bargain or consult, as
appropriate, on matters involving personnel policies and practices and
matters affecting working conditions that fall within the scope of the
Employer's authority. It is recognized that this CBA is not all-inclusive
and the fact that certain working conditions have not been specifically
covered in the Agreement does not limit the responsibility of either party
to bargain or consult as appropriate with the other.

Section 2. The Union shall be given the opportunity to be present at:

a.

Any formal discussion between one or more
representatives of the Employer and one or more
employees in the bargaining unit or their
representatives concerning any grievance or any
personnel policy or practices or other general
conditions of employment; or

Any examination of an employee in the bargaining unit
by a representative of the agency in connection with an
investigation, if (1) the employee reasonably believes
that the examination may result in disciplinary action
against the employee and (2) the employee requests
representation.

Section 3. Reasonable notice to the Union of a formal meeting will be
sufficient if provided to anyone listed on the list provided by the Union in
accordance with Article VI, Section I.


DEFENSE LOGISTICS AGENCY (DLA) DOCUMENT SERVICES,
IFPTE NEGOTIATED PROCEDURE

GRIEVANCE FORM

———

PEARL HARBOR/

1.
2.
3.

IF NOT AN ACTIVITY EMPLOYEE, FULL ADDRESS

NAME OF GRIEVANT.

POSITION.

NAME OF GRIEVANT’S REPRESENTATIVE.

PHONE NO.

—emeer=:

4. NATURE OF GRIEVANCE: (A) State which ARTICLE(S) & SECTION(S) of the collective bargaining agreement (CBA)
are alleged to have been violated. (B) Also state nature of grievance, including dates, names, locations if possible. If appealing a
disciplinary action, state why you think action should not have been taken.

(A) ARTICLE(S)/SECTION(S) ALLEGED TO HAVE BEEN VIOLATED:

el

(B) NATURE:

5.

CORRECTIVE ACTION OR REDRESS DESIRED:

(DO NOT COMPLETE 6 AND 7 IF APPEALING DISCIPLINARY ACTION)

|
6. FIRST STEP DISCUSSION HELD WITH on.
(Supervisor’s Name) (Date) 1
7. FIRST STEP DECISION FROM on___ |
(Name) (Date)
8. SUBMITTED BY. DATE.

(Signature)

— a

ENCLOSURES; (List enclosure(s), if any, on the reverse side).

DISTRIBUTION: Employee submits originalto. Department Head or equivalent and copy
to immediate supervisor (see above referenced CBA for procedures).



ARTICLE VII
HOURS OF WORK

Section 1. Normally, the basic workweek is 5 consecutive calendar
days, unless local circumstances require modification, during which:
Full-time employees are required to be on duty regularly 8 hours per
day.
A. Part-time employees are required to be on
duty regularly on officially prescribed days
and hours.

The Employer may assign employees to basic workweek schedules
other than those covered in the above instruction consistent with

applicable regulations.

Section 2. In affecting any changes in the days and/or shift hours of
employee's basic workweek, the Employer shall give the affected
employee at least seven (7) calendar days notice prior to the changes
will take effect, except for special circumstances which may be allowed
by regulation. The days and/or shift hours of an employee’s basic
workweek shall not be changed for any period of less than one full
week, except as allowed by regulation. The Employer has the right to
establish or change work schedules as required to maintain or improve
the efficiency of operations. However, the Employer shall meet and
confer or consult, as appropriate, with the Union with regard to
minimizing the impact of such change on employees.

Section 3. Employees desiring to change their tour of duty will make
the request to their immediate supervisor. Special tour of duty requests
shall include the hours of work, period of accommodation, reason, and
pertinent supporting documentation (e.g., school policy, medical report,
etc.). In making his determination, the supervisor may consider, inter
alia, the needs for the employee’s services, the Employer's requirement
for efficient work operations, and reduction of costs.

Section 4. Where two or more employees request a change in tour of
duty and not all of the employees can be accommodated, the Employer
may consider the employee’s organizational assignment, position,
qualifications, dependability, knowledge of the work involved, and if
applicable, medical condition. The Employer may also consider any
compelling need presented by the employee. Where the above factors
are roughly equal, the Employer may consider selecting the employee
with greater seniority. Seniority will be determined by the employees’
service computation dates (SCD) (leave), as shown on the employee's
SF-50. -